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The tariff classification of an inflatable yard decoration from China.
Issued May 23, 2014 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N253156 (May 23, 2014)
Tariff classification
HTS codes: 9505.90.6000
Headings: 9505
Product description
You submitted a sample identified as item number 726811, Airblown Inflatable Giant Spider, which depicts a twelve foot spider with red creepy eyes and fangs. The article is made of polyester fabric, and features a plastic built-in fan to inflate the spider and internal “swirling” LED lights that enhance the spider for night display. The item can be tethered to the ground via accompanying stakes. The packaging and safety instructions accompanying the Airblown Inflatable Giant Spider stress that the article is not a toy. Instead, the Airblown Inflatable Giant Spider is advertised and marketed specifically as an outdoor decoration only for Halloween, and has no utilitarian use.
CBP rationale
The applicable subheading for item number 726811 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.
Full text
N253156 May 23, 2014 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Rachel Rowells BJ’s Wholesale Club, Inc. 25 Research Drive Westborough, MA 01581-5230 RE: The tariff classification of an inflatable yard decoration from China. Dear Ms. Rowells: In your letter dated May 2, 2014, you requested a tariff classification ruling. You submitted a sample identified as item number 726811, Airblown Inflatable Giant Spider, which depicts a twelve foot spider with red creepy eyes and fangs. The article is made of polyester fabric, and features a plastic built-in fan to inflate the spider and internal “swirling” LED lights that enhance the spider for night display. The item can be tethered to the ground via accompanying stakes. The packaging and safety instructions accompanying the Airblown Inflatable Giant Spider stress that the article is not a toy. Instead, the Airblown Inflatable Giant Spider is advertised and marketed specifically as an outdoor decoration only for Halloween, and has no utilitarian use. The applicable subheading for item number 726811 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Wayne Kessler at [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division
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